Black v. McClelland
U.S. Circuit Court for the District of Western Pennsylvania
[Appeal from the district court of the United States for the western district of Pennsylvania. [In bankruptcy. Petition by C. L. Black for leave to issue process from the state court on a judgment entered therein May 6, 1875, on a verdict rendered January 12, 1875, against William H. McClelland, who was adjudicated a bankrupt March 20, 1875. From an order granting the prayer of the petition, the bankrupt appeals.
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[Appeal from the district court of the United States for the western district of Pennsylvania. [In bankruptcy. Petition by C. L. Black for leave to issue process from the state court on a judgment entered therein May 6, 1875, on a verdict rendered January 12, 1875, against William H. McClelland, who was adjudicated a bankrupt March 20, 1875. From an order granting the prayer of the petition, the bankrupt appeals. On the 11th of August last, application was made to Judge McCandless, of the district court of the United States, to permit the plaintiff to issue process on the judgment obtained by…
1Opinion of the Court
McKENNAN, Circuit Judge.
By the 19th section of the bankrupt act, the time of the adjudication of bankruptcy is fixed as the date with reference to which the provable character of the bankrupt’s liabilities are to be determined; liabilities which are not within the category of provable debts, as the act enumerates and describes them, are not chargeable upon the bankrupt’s estate, and are not discharged by his certificate.
In this case the plaintiff was adjudicated a bankrupt on his own petition. Before the filing of the petition an action of trespass against him for an assault and battery,…
2Cited by3 opinions
- Schall v. CamorsSupreme Court of the United States · 1920
- In re Boston & Fairhaven Iron WorksU.S. Circuit Court for the District of Massachusetts · 1885
- In re Boston & Fairhaven Iron-WorksDistrict Court, D. Massachusetts · 1884